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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
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    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
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BCW Verification Letters - old Scottish Hydro debt


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Dear kind people

I require assistance in a matter related to Buchanan Clarke and wells.

 

Earlier this year they contacted me via a verification mail pertaining to a property I had lived in Scotland.

 

I was naive enough to contact them back and then what followed was two weeks of constant harassment

- chasing me up on a Scottish Hydro electric bill which they claimed I had yet to pay.

 

(The harassment was so bad that I had to go to the GP for anti-depression medication

and I was unable to function at my job properly

– as they kept calling in the middle of meeting with clients and almost every other morning at 9 am)

 

The bill in question was dated to after I had moved out of the property

– something that my landlord was ready to verify. B

ut BCW just kept calling me and stating that the debt is in my name and that I have to pay up or face legal action.

 

I called up SCH who were unhelpful at first

- eventually through persistence and a 2 hour marathon phone call session with SCH customer care

involving a conference call with my landlord they finally agreed to clear my name and call off BCW.

 

 

Now yesterday I received another verification mail from them that goes like this :

 

"We are trying to contact Miss XXX YYY with regards to a private matter

We have confirmed your address through a credit link obtained via a credit reference agency

as being the same person who lived at the original address above. (

this address is another address within the same city in Scotland)

 

Please contact us on 0844 BLAH quoting the above reference number

and one of our operators will be available to take any relevant details to resolve the matter.

 

If you believe that you are not our customer,

please contact us as soon as possible to enable us to amend our records

and remove your address from our system file."

 

Now I am a male, but they have printed my name with a miss in front of it.

 

Also I have never lived at the address they have specified above . Also they have not specified what the matter is.

 

Now from my previous experience I am reluctant to contact them,

hence I goggled them and arrived at this website.

Am I right in ignoring this mail and not contacting them back?

 

I found the below thread to be helpful, as it outlines a situation similar to mine.

 

_Apparently I am not allowed to post the thread here as my post count is below 10_

I shall try and post it in a comment below

 

1- Shall I follow the same advice as what brigadier provided in the thread.

 

2 - Secondly how do I report a data protection breach as stated by renegadeimp

( Am I right in pursuing that line of action)

 

Your advice and input in this matter will be welcome.

 

Also may I ask – am I covered under the same laws as UK citizens (I am just a resident here)

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Hello and welcome to CAG :welcome:

 

BCW you can defo ignore, get straight back onto SCH but this time IN WRITING, and use their complaints procedure;

 

http://www.hydro.co.uk/HelpAndAdvice/ComplaintsProcedure/

 

Unfortunately what was said on the phone will have been ignored, unless you recorded it?

So keep everything in writing, and if you can remember any names, times, dates etc of who you spoke to in order to get this rectified first, then put their names etc in with your formal complaint.

 

Inform SH that they are entirely liable for any and all necessary legal action you may bring against BCW in the future if they do not call off their tame lap dogs.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Bazooka Boo,

 

Thank you for the warm welcome. :-)

 

Thank you for the advice too.

 

But I am not sure if this second letter which they sent to me yesterday is in anyway related to SCH or not.

 

It just says " we have a private matter to discuss" cause "

 

we believe you may have been the person residing at the above address" (which I was definitely not )

 

So should I contact them back or just keep ignoring them till they send me more information on this "private matter" ?

 

Thanks in advance.

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NO! Leave them be, DON'T do their dirty work for them.

 

IGNORE them, just file the puerile missives away and keep a diary of events, wait for them to send you another missive saying exactly what it is they are contacting you about.

 

In the meantime, send a 'copy' of that silly letter to the OFT and TS (trading standards) As it is in clear breach of the OFT's debt collection guidelines, they need to identify who they are and exactly what it is they are contacting you about, not some random statement that they 'think' you might be the person they are looking for.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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ignore them!!

 

just remember they don't OWN THE DEBT.

 

so have no legal powers whatsoever.

 

if it IS the hydro bill.

 

then only Hydro can do anything to you.

 

and if they've NOT sent a bill in the last 12mts

directly to you.

they're out of luck under their own billing guidelines

 

but as you say, that's sorted anyway.

 

dca's they get ahold of old util bills debts

think they are onto a winner

as people THINK it must be paid...

 

WRONG!!

 

pers i'd be checking your CRA file

in case its been trashed.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thanks for the reply, it is helpful. Two questions though:

 

1- Can you explain the part about:

 

"and if they've NOT sent a bill in the last 12mts directly to you. they're out of luck under their own billing guidelines"

 

In case if this is the old issue again I would like to stay informed.

 

2 - How can I check my CRA file and verify if it has been trashed or not.

 

Thanks in advance again.

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Hi Bazooka Boo

 

Thank you for the prompt reply.

 

I will do as you instruct.

 

Is there a format for drafting the letter to OFT and TS. Is there a link on their website or in this website itself.

 

Thanks again.

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cra info is below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Credit Reference Agencies:Experian Equifax CallCredit noddle

fed up with DCA's calling get a TRUECALL BOX!! - HERE

 

Sort Your Debts Now - -

here

 

Start Your Own Thread - HERE

 

 

1. Single Premium PPI Q&A

Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Loan, Credit Card, mortgage & CAtalogue Charges Read Here

my views are my own...seek legal advice if ness

NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone

- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.

 

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

 

 

DX

RIP Martin3030

rant.gif

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I sent this to BCW lastnight think it has put frighteners on them no response yet

*

NOTICE TO PRODUCE

*

TAKE NOTICE that you are hereby required within 14 DAYS OF THIS NOTICE to produce all, letters, copies of documents in your custody, possession or power, containing any entry, relating to the matters in question the debt held in the defendants name and in particular all of the Plaintiff’s documents relating in any way to the Particulars of this matter.

*

AND FURTHER TAKE NOTICE that should you fail or neglect to produce the above documents, or any of them further legal action will be taken against the plaintiffs

*

DATED this *24 day of**October 2013

 

*To:**The Plaintiff*******

*

Buchannan, Clarke & wells

BCW House,

24 George Square,k

Glasgow G2 1EG

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I sent this to BCW lastnight think it has put frighteners on them no response yet

 

I think your on the wrong forum as well as the wrong thread?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I dealt with bcw lowlifes by playing them at game by playing hardball with dont give them any chance thinking your weak i used leagal letters to bully them into submission

 

I think your on the wrong forum as well as the wrong thread?

 

Its example how deal with bcw

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Hi Guys,

 

Thank you all for the great replies. I thought I should update you now that I have received my second letter from them.

 

I got this letter stating you lived at this address and you used up so much electricity from Scottish Hydro electric.

 

As I said the address is not familiar and my name is spelt with a miss.

 

since they provided a Scottish Hydro account number I decided to ring up Scottish Hydro and clarify the matter.

 

Initially they refused to speak with me saying this debt has been passed to BCW and they can no longer help me

- they also refused to give out details on the account the address or how my name came to be there.

 

Through persistence I managed to reach their accounts department

where they disclosed the deals regarding the account and apparently:

 

1- They had the address wrong

 

(The address they billed me on and the address I have been staying at were different

- they pushed it off as postcode changes.

I received the bill through my letting agents and hence paid through them along with the rent )

 

2-they had my name wrong

 

I had to correct them on both accounts - and now they have my proper details on file.

They also disclosed that the bill amount was the actual amount I had left to pay

- because all the bills I paid before I left the place were only estimates. ( it was news to me)

 

Now they divulged that the bill amount was 430 something

but since it's been passed to BCW there is a 15 percent admin fee

and hence the total comes to 500 plus.

 

I protested the admin fee and was adamant that I pay them directly

and not BCW because I was their customer.

They relented on paying them directly but not the admin fee.

 

Now from the above you can see that this whole situation is partially my fault

for leaving everything up to and trusting the letting agents.

 

But is there any grounds on which I can justifiably ask them to waive the admin fee.

 

 

( To clarify on the address issue

- I lived in a place for which the address was 16 F yyyy Lane :

but apparently they reffered to it as 2 L No. 16 yyyy Lane

- I was not aware the same place can be referred to by two different ways

- but the postcode was right

- that's how I verified this was mine )

 

(2nd clarification - I did leave a forwarding address with my letting agents when I left the property ,

which they dutifully forwarded to Scottish Hydro

- but I did not receive any letter from them in the months following my move regarding any of this.

 

But according to their database they send 7 letters.

When I point out that I did not receive any

- they asked to tke up the matter with the post-office)

 

Once again thanks in advance for you replies.

And apologies for the rambling nature of the post.

Edited by achillesgk
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how long ago was this debt run up?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I cant see the bill [or lack of one?]

being right

 

6mts there - they want £500 + what you've already paid?

 

somethings not right.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They asked me if I want to escalate this to a complaint - but apparently it comes with strings attached - they were very vauge about it and said we'll send you a mail regarding this.

 

I said I'd get back to them on this.

 

I did not want to say yes immediately because twice during the conversation they offered to connect me to BCW to settle the debt, ( as this was of their hands now ) and I don't know if escalating this to a complaint just opens up the doorway for BCW to harass me further.

 

And you are right dx, something is not right about the billing - How can I ask them to send me more details regarding this? Everytime I request something this conversation goes something like this:

 

"Well the issue is now being handled by BCW so you have to speak to them regarding details"

 

It was quiet frustrating to speak to them.

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you could send them an sar

 

do you know what you paid over the time you were there please

/

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Make your demands in writing, all this talking over the phone (unless recorded) is getting you nowhere!

 

And if they think that by making a formal complaint comes with strings attached, they're very much mistaken!

 

Yes you want to make a complaint, and yes you will be exhausting their complaints procedure all the way to the energy ombudsman, so the only strings that are attached to your complaint are the ones in which they will be hanging themselves!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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